File No. 818.00/251
Minister Ewing to the
Secretary of State
No. 535
American Legation,
Tegucigalpa,
October 8, 1917.
Sir: I have the honor to refer to Department’s
September 21, 5 p.m. in which I am instructed to inform the Government
of Honduras that the United States desires it clearly understood that
she has not recognized Tinoco’s Government of Costa Rica and would not
regard his recognition by the Government of Honduras as evidence of a
friendly feeling toward the United States.
This instruction was complied with on September 24 and I attach hereto a
copy of the note to the Foreign Office; enclosure No. 1.
I further have the honor to refer the Department to my October 2, 5
p.m.1 stating that a
reply had been received to my note of the 24th instant, said reply
setting forth the explanation of the Government of Honduras for its
recognition of Tinoco’s Government. The Foreign Minister states Honduras
recognized Tinoco’s Government in Costa Rica under the first article to
the Additional Treaty to the General Treaty signed in Washington
December 20, 1917, by the Central American Governments. He further
states his Government abstained from granting recognition to General
Federico Tinoco, as President of Costa Rica, during the time he
exercised a de facto power, but later when
General Tinoco announced before the Constitutional Assembly of Costa
Rica, he had taken possession of the Presidency; said announcement
having been duly accepted by the representatives of the people of Costa
Rica, Honduras was in duty bound to extend recognition. This recognition
was extended not by an expressed act, but by the reply of Honduras on
June 11, 1917, to the autographed letter of General Tinoco announcing
the fact of his having taken the Presidency, before the Constitutional
Assembly of Costa Rica, by virtue of election by his fellow
citizens.
The Foreign Minister, the day previous to the receipt of Department’s
cable of September 21, when questioned as to whether or not Honduras had
recognized Tinoco’s Government, stated recognition had been extended
some time in May; said recognition having been granted under the well
established rules of international law.
From a conversation I had with the Foreign Minister on Saturday, October
6, he showed considerable anxiety over this situation and expressed the
hope that an answer to his note of September 29 would soon be
forthcoming from the Government of the United States. It is clearly
evident, from the tenor of his note, that Honduras is most anxious to
assure the United States of its desire to maintain the most cordial
relations but to excuse the recognition of Tinoco’s Government on the
grounds of Honduras having acted only in accordance with the declaration
of high political morality as set forth in the note of September 24 and
according to precedent under the rules of international law.
With reference to the refusal of the Government of the United States to
recognize the Government of Tinoco I feel confident this Government
takes the same position as expressed to me by the representative of
Salvador; i. e., that the United States has granted
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recognition to Russia, China and Peru why
not recognize Costa Rica as there exists at the present time no
opposition to Tinoco in Costa Rica. This view of the situation has been
commented upon in one of the publications of recent date.
I have the honor to suggest that a reply of some nature be made to the
Government of Honduras, for the Foreign Minister, on behalf of his
Government, has, on several occasions, referred to his note as meriting
a reply.
I have the honor to enclose herewith copy of my note to the Foreign
Office under date of September 24, together with a copy of the reply of
the Government of Honduras and a translation of same, all in
triplicate.
I have [etc.]
[Inclosure 1]
Minister Ewing to
the Minister of Foreign Affairs
American Legation,
Tegucigalpa,
September 24, 1917.
Excellency: I have the honor to inform
your excellency of the receipt of a cablegram from the Honorable the
Secretary of State of the United States of America, under date of
September 21, 1917, just received, which is as follows: [Here
follows Department’s telegram of September 21, 1917, 5 p.m.]
I improve this opportunity to repeat to your excellency [etc.]
[Inclosure 2—Translation]
The Minister of Foreign
Affairs to Minister Ewing
Ministry of Foreign Relations,
Tegucigalpa,
September 29, 1917.
Mr. Minister: In reply to the courteous
note of your excellency dated the 24th day of this month, by means
of which you were pleased to communicate to me the attitude of your
Government with reference to the Government in Costa Rica presided
over by General Federico Tinoco, I have the honor to make known to
you the following:
The Additional Treaty to the General Treaty signed in Washington
December 20, 1917, by the Central American Governments, contains in
its first article the stipulation which says:
“The Governments of the High Contracting Parties shall not
recognize any other Government which shall come into power
in any of the five Republics as a consequence of a coup d’état, or of a revolution
against the recognized Government, so long as the freely
elected representatives of the people thereof, have not
constitutionally reorganized the country.”
The Government of Honduras in compliance with this stipulation
abstained from recognizing General Federico Tinoco as President of
Costa Rica during the time he exercised a de
facto power, abstaining from entering into relations
officially with his Government, so long as it had no knowledge that
the freely elected representation of that people had reorganized the
country in constitutional form.
But with this condition fulfilled, whose compliance was confirmed by
the autograph letter in which General Federico Tinoco announced that
he had taken possession of the Presidency, before the Constituent
Assembly of Costa Rica, by virtue of election by his fellow
citizens, the Government of Honduras, incompliance with this same
article of the Additional Treaty, was in duty bound to recognize
that Government, which it did, not by an expressed act, but by the
reply it gave on the 11th of June, last, to the mentioned autograph
letter, official relations with the Government of Costa Rica
remaining open since that date. Such act, conforming to the
principles of international law, does not signify in any
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manner appreciation of the
justice or injustice of the means which gave as their result the
presence of Mr. Tinoco in power, but merely the recognition of the
indisputable fact of the existence of a Government which, without
opposition in Costa Rica, exercises supreme power and assumes
international obligations, the sole requirement of international law
in such cases.
The Government of Honduras in opening its relations with Costa Rica,
after having had communicated to it the election of Mr. Tinoco and
having been informed that the Constituent Power had given to him
possession of the Presidency, has believed that it has proceeded in
accord with the declaration of high political morality of the
Government of the United States of America, contained in the note
which your excellency was pleased to address to me under date of
February 10, in the following terms:
“The Government of the United States desires to set forth in
an emphatic and distinct manner its present position in
regard to the actual situation in Costa Rica, which is that
it will not give recognition or support to any Government
which may be established unless it is clearly proven that it
is elected by legal and constitutional means.”
This declaration implies recognition in the event of the holding of
elections by legal means, which are supposed to be employed when
there is no complaint on the part of the populace living where they
take place.
So understood the Government of Honduras, and doubtless so
understood, also, the Governments of Guatemala and El Salvador,
which recognized in the same form as Honduras the Government of Mr.
Tinoco, after his election.
For the other part, the peculiar conditions of the Central American
States, one of which is Costa Rica, the ties of family which unite
them and the immediate and constant communication among them also
have been determining motives for reestablishing relations with that
country, as soon as it complied with the conditions demanded by the
first article of the Additional Convention referred to.
I cherish the hope that the frank exposition preceding will carry to
your excellency the conviction that my Government has believed
itself to be proceeding in this delicate affair with regard for its
international obligations and in harmony with the spirit of the
declaration which your excellency was pleased to communicate to me.
And I trust that the illustrious Government of the United States,
with the good will with which it has contributed always to the
progress and welfare of the Central American Republics, will
continue extending the valued support of its friendship, so highly
appreciated and recognized by the Government and people of
Honduras.
I improve this opportunity to repeat to your excellency [etc.]